Collection of Model Cases for examining Inventions with Product-by-Process features were published.

After the Supreme Court judgments Teva vs. Kyowa Hakko Kirin, and Teva vs. Tohri (Supreme Court, Nos. 2012(ju)1204 and 2012(ju)2658: June 5, 2015), the examination of product-by-process claims has been confused in Japan.

On November 25, 2015, the Japan Patent Office published model arguments against indefiniteness rejections caused by product-by-process claims. The document: "Examples of arguments and verification presented by applicants involving 'impossible or impractical circumstances' concerning product-by-process claims" is available in English on the following website:

(Reported by Toshio Nakamura, Ph.D., Japan Patent Attorney)

【 model arguments against indefiniteness rejections caused by product-by-process claims 】